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Nigeria’s Obi/Atiku v Tinubu case; No Be Who First Call Police Dey Win Case!

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I will take the time to analyze the just delivered judgment of the court of appeal in Obi /Atiku V Tinubu’s Presidential election petition subsequently but before then, this is what I need you to know about not just election petitions but every other court proceedings in general. 

As a politician, try as much as possible to win the election and for you to be declared elected or returned elected. The reason for this is that there is a higher chance of the court affirming your election than sacking you. In fact, in all the presidential election petition cases that have ever taken place in Nigeria since 1999 when Nigeria returned to democracy, the court has never sacked an elected president, rather the court always affirmed their election. 

Despite the promises your lawyers have made to you, you should know that it is extremely difficult and technical to prove that an election was rigged in today’s Nigeria. This is not an injustice or judicial problem but a statutory problem. The threshold that is been provided in the constitution, the electoral act and other statutes for an aggrieved contester to meet before he can prove that he was the rightful winner of the election or that the person that was declared a winner did not actually win or prove that the election was rigged or marred with malpractices is high. The threshold to prove that is not just high but also technical. 

Not just in election cases, but even in criminal or other civil cases, it is easier to defend yourself or to be the defendant than to be the plaintiff or the prosecutor. It is an old common law rule that he who alleges must prove, so if you claim that the election was rigged or marred with electoral malpractices, the onus is on you to prove to the court beyond every reasonable doubt that the election was truly rigged. If you are the defendant, you don’t need to prove that the election was not rigged or that you were duly elected, it is not your job to do that. 

This brings me to my next point; always try to be the defendant or respondent instead of the plaintiff or the applicant. Let them be the ones taking you to court instead of you taking other people to court. Financially speaking or resource-wise, it is more expensive to file a case or institute a fresh matter than to file a defense or response to a case. 

Local parlance will say “no be who first call police Dey win case” or “no be who first run reach police station Dey win case”. This pidgin popular quote tends to be true in many cases; because if you claim that you were wronged, you will have to prove that you are truly wronged for the court to believe you and while you are trying to prove that you were wronged to the satisfaction of the court, you will as well have to pay critical attention to statutory provisions and rules of court to guide you if not you will lose the case on technical ground before the substance of the case is even determined. 

Losing on technical grounds means that your case was not even decided on its merits or the substance of your case was not even looked into yet but because you did not pay attention to the rules guiding the filing of your case or the process to conduct the case, the case was either dismissed, struck out or that the other party won the case; this may be due to lack of service, ie you did not serve or properly serve the other party, statute barred ie the time within which you are to bring that case to court has passed, lack of jurisdiction of the court or that the case was not properly filed or instituted etc. 

For the sake of emphasis, always remember that “no be who first call police Dey win case”, so lower your expectations while you run to court in your quest for justice. Most importantly, bear in mind the judges are mere humans like you who can make mistakes or can be bribed. That is why you might have a good case, conduct the case in the expected manner and you will still lose the case. Hence, the court or the judges are not always right, not even the Supreme Court which is the highest court in the land. This is why the late Robert Jackson of the United States Supreme Court made this famous quote about the Supreme Court; “We are not final because we are infallible, but we are infallible only because we are final”. 

African Fintech Unicorn Flutterwave Expands Payment Services to India

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Flutterwave team

African Fintech unicorn, Flutterwave, has partnered with Induslnd Bank, an Indian financial services company headquartered in Mumbai, to offer its remittance product in India.

The partnership will enable Flutterwave to expand its remittance product, Send App, to the 5th largest economy in the world, to the African continent.

Speaking on Flutterwave’s expansion to India, the company’s CEO Olugbenga Agboola said,

“The Indian expansion for Flutterwave will be the first African company to do this at the scale where remittances from India to Africa become seamless and quick”.

Agboola who is currently in India, after he got an invite from Nigeria’s President Bola Ahmed Tinubu, to attend the Nigeria-India Business Roundtable which took place on the sidelines of the G-20 Summit, said that Flutterwave will look for more partners to increase its presence in India.

He added that a closer and well-defined regulatory collaboration between the two countries could help promote and encourage knowledge sharing, technology transfer, and enhance the Nigeria-India remittance corridor.

This proposition according to him is drawn from the need to have more of what Flutterwave does in partnership with leading companies in India like IndusInd Bank and Capgemini.

Through Indusind Bank, Flutterwave is building a quick and secure remittance corridor from the UK to India. The company is also exploring a second phase of the partnership including Nigeria to India and back.

The relationship with Capgemini involves assisting our digital transformation to Microsoft Azure and creating our first-ever engineering mobility program to facilitate knowledge-sharing and technology transfer between Nigerian and Indian Engineers.

Flutterwave expansion to India is coming weeks after CEO Agboola announced that the startup will be continuing with its initial public offering (IPO) in its bid to access bigger partners.

Notably, this announcement came after the fintech platform had made headway in resolving allegations of financial impropriety in Kenya.

This year has also seen the company launch Tuition, a product that lets African users pay fees to educational institutions both within Africa and overseas by using local currencies, and form a partnership with Token.io to offer pay-by-bank capabilities.

Agboola has expressed confidence in the company’s ability to expand and grow its reach further. According to him, there is the possibility for expansion into new markets and possible acquisitions when possible.

Founded in 2016, Flutterwave has grown to become one of the fastest-growing payments companies in the world. The African unicorn has rapidly expanded and now has a presence in about 30 African countries.

Flutterwave is on a mission to build payments infrastructure to connect Africa to the global economy.

Flutterwave Secures Partnership with IndusInd Bank to Expand to India

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Flutterwave Inc., the foremost payments startup in Africa, is embarking on an expansion into India through a strategic partnership with IndusInd Bank Ltd., a prominent financial institution in the Asian nation.

The expansion deal was sealed in India during the G20 summit, which Gbenga Agboola, CEO and co-founder of Flutterwave, attended in the company of Nigeria’s president Bola Tinubu, per Bloomberg.

According to Olugbenga Agboola, this partnership agreement will empower Flutterwave to extend its remittance product into the second-largest economy in Asia.

“The Indian expansion for Flutterwave will be the first African company to do this at scale where remittances from India to Africa become seamless and quick,” Agboola said in an interview Friday.

Before now, Flutterwave had witnessed significant growth, buoyed by its expansion to many other countries in Africa. The payment giant has expanded to 30 African countries since its founding in 2016. Its move into the Indian market is expected to double its valuation, currently placed at $3 billion.

According to the information available on its website, IndusInd Bank serves a diverse customer base of approximately 35 million individuals, large corporations, and various government entities across the country. This huge customer base is expected to provide long-term cross-border payment-inspired growth for Flutterwave.

The pan-African payment company has become a darling of venture capital firms such as Tiger Global Management LLC, Y-Combinator, Visa Ventures, Mastercard, and Avenir Growth Capital. In January 2022, Flutterwave raised $250 million in series D funding led by B Capital Group, to reach its $3 billion valuation.

Based in Lagos and San Francisco, Flutterwave’s expansion strategy has been largely tied to partnerships. The company works with companies such as Alibaba Alipay, Uber, and Netflix.

The company has also successfully forged a partnership with the French company Capgemini, a leading IT service management company, which is expected to enhance and fortify its engineering infrastructure, per Bloomberg.

“We are a partnership driven organization. So as we see more bank partners to work with in India, we’ll definitely embrace that,” Agboola said.

Flutterwave’s expansion into India is also expected to boost its chances at IPO. Agboola said last month that the IPO serves as a means to achieve its objectives to bolster interactions with international clients and uphold global compliance protocols.

“There’s some kind of customers we’ll attract when we are public. The large global clients who need you to have the same level of compliance and level of global view that they have,” he said.

Tekedia Capital Pre-cycle Startup Overview – H2 2023 [video]

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How To Obtain National Lottery License, Promotional Lottery (Consumer Sales Promotion) Permit in Nigeria

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A company or corporate entity having business objects that have nothing to do with lottery services, but organises a promotional scheme that has an element of chance or lot in the distribution of prizes is required to apply for what is known as a promotional lottery permit prior to the launch of such a promotion.

The requirements needed to procure this type of regulatory permit is what constitutes the focus of this article.

Which regulatory agency is in charge of granting nationwide permits for promotional lotteries in Nigeria?

National Promotional lottery or Consumer Sales Promotion permits are under the jurisdiction of the National Lottery Regulatory Commission (NLRC).

What are the requirements needed for the grant of a promotional lottery permit in Nigeria?

– Applicants must submit a detailed modality of promotion to the NLRC with the following :-

a). An application letter stating the intention of the applicant

b). A Completed NLRC application form

c). A non-refundable processing fee as determined by the NLRC based in relation to the volume of the proposed scheme and payable to the NLRC.

d). Incorporation documents :- A certificate of incorporation, a memorandum and articles of association (MEMART), and particulars of directors and shareholders. 

e). Details of the administrative office of the applicant.

f). Nature of product/service being promoted.

g). Details of key personnel in charge of the promotion.

h). Detailed modalities of  the promotional lottery including the name of the scheme, the total value of the prizes and categories of prizes to be won, mode and criteria or selection, draw process and applicable rules.

i). Duration of promotional lottery and frequency of draws/selection of winners and proposed draw dates m

j). Rules/Terms and Conditions of eligibility, qualification and participation in the promotional lottery.

It should be noted that an applicant must conduct the promotional lottery in accordance with submitted modalities which cannot be altered without the written approval of the NLRC.

Are promotional lotteries required to comply with further regulatory compliance requirements outside those set by the NLRC?

Yes they are. Promotional lotteries are also required to compile with the provisions of the Federal Competition and Consumer Protection Commission Act (FCCPCA) regarding the interests and rights of consumers in promotional lotteries.

How To Obtain a National Lottery License in Nigeria

Unlike sports betting licenses (which i treated in a much earlier article), lottery licenses are for betting/odd-based games founded purely on chance, including but not limited to raffle draws and lottos.

This article will be dealing with lottery licenses, particularly in terms of:-

– Their regulatory framework

– Validity periods

– Licensing requirements

Which regulatory agency is in charge of issuing lottery licenses in Nigeria?

National lottery licenses are governed by the National Lottery Regulatory Commission (NLRC)  and at the state level, the gaming/lottery authorities of various states.

What is the validity period of a national lottery license in Nigeria?

National lottery licenses are valid for a period of 10 years.

What are the requirements for the grant of a National Lottery License?

– An application letter (prepared by legal counsel).

– A completed NLRC application form.

– A non-refundable application and processing fee of 2 Million Naira only.

– A license fee of 100 Million Naira upon successful completion of all documentary processes.

What constitutes the necessary information needed to process and successfully grant an application for a national lottery license?

General Business Information

– Copies of the applicant company’s certificate of incorporation, memorandum and articles of association and the particulars of the company’s shareholders and directors.

– A minimum share capital of 100 Million Naira.

– Evidence of filing annual returns to date with the Corporate Affairs Commission (CAC).

– A profile of the company and each of its directors.

– Address of applicant’s administrative office.

– Domain name registration details.

– Brand name, trade name, logo and colours.

– Name and profiles of all directors and key personnel including company secretary, compliance officer, accountant, ICT Manager, Operations manger, agency managers and customer care manager.

– Qualification and relevant industry experience of key personnel.

– Evidence of tax payment by directors and key management staff.

– Organogran and proposed organizational structure.

Operational Information

– Description of operations structure.

– A Lottery industry analysis including SWOT analysis and competitive advantage of the proposed lottery scheme.

– A marketing and distribution plan showing expansion plans across the states and regions of Nigeria.

– Details of the applicant’s proposed distribution channels.

– Details of planned lottery games.

– Type and frequency of draws.

– Proposed odds system .

– Applicable rules for the lottery scheme.

Financial Information

-The proposed investment in the business

– Sources of funding and financing plans :- equity, foreign investment, loans and applicable terms of investment.

– Evidence of financial capability to fund the lottery scheme including company’s bank statement of the last 2 years.

– Financial projection for Year 1-5 of the business.

– Details of payment solutions provider and proposed integration plans with payment solutions provider.

Technical Information

– Profile of technical service provider, partners, telecoms providers and suppliers including :-

a). Web developer and hosting provider

b). Database/Back-up service provider

c). Manufacture of hardware :- servers, draw machines, terminals.

– Contact details of service providers and suppliers.

– Software :- Details of operating system and database application specification.

How To Obtain a National Mobile Lottery/Gaming License in Nigeria

This article focuses on gaming schemes with the elements of chance offered to the general public using mobile/telecommunication channels which in this context includes SMS (short message services), USSD, Mobile applications and any other Telecomms-enabled channels.

The regulatory framework governing this type of gaming license is also applicable to lottery schemes conducted on telecommunications operators by lottery value added services and other 3rd party content providers offering lottery-related schemes, or schemes with elements of chance in distributions of stated prizes.

Which regulatory agency is in charge of national mobile lottery/gaming licenses in Nigeria?

Gaming licenses of this nature fall under the jurisdiction of the National Lottery Regulatory Commission (NLRC).

What exactly are lottery-related schemes?

Lottery-related schemes include skill-based initiatives, predict and win games, core lottery and betting, and loyalty-based promotions.

What is the time stipulation for making an application for a grant of mobile lottery/gaming license?

Applications for this type of gaming permit must be submitted and granted 30 working days before the start date of the scheme.

What are the regulatory requirements for Value Added Service (VAS) providers and 3rd party service providers if any?

In addition to fulfilling the stipulated conditions of the permit applied for, the VAS provider/applicant will submit for consideration by the NLRC :-

– Details of telecommunication providers, aggregators and other 3rd party providers involved in the scheme.

– Copies of the partnership agreement, be it as a Memorandum of Understanding or Service agreement, with the Telecomms provider, financial institutions, aggregator, content providers and/or 3rd party provider executed for the purpose of the scheme.

– Applicants must ensure that all agreements/MOUs/Service Level Agreements take cognizance of the mandatory requirement to comply with the relevant provisions of the National Lottery Act particularly regarding prize funds and contributions to the National Lottery Trust Fund.

What are the requirements needed for the grant of a proposed mobile lottery/gaming scheme?

– An application letter stating the intention of the application.

– A non-refundable application/processing fee of 2 Million Naira payable to the NLRC.

– A permit fee of 5 Million Naira valid for 1 year upon successful completion of all documenting processes.

– A description of the nature of the product/service being promoted where applicable.

– Detailed modalities of the mobile lottery including the name of the scheme, duration of the scheme, value and categories of prizes to be won.

– Terms and Conditions of eligibility, qualification and participation in the lottery scheme.

– Details of selection/draw process and applicable rules.

– Frequency of draws/selection of winners and proposed draw dates.

– Terms and Conditions attached to claiming prizes, modalities for distribution of prizes and proposed prize presentation dates.

– An indication of whether the lottery promotion is being run on behalf of or in partnership with a 3rd party entity.

What type of due diligence-based Corporate information is required by the NLRC for a grant of this type of gaming license?

– A certificate of incorporation and Memorandum and Articles of Association.

– Registered/administrative office address of the Value Added Service (VAS) provider/applicant.

– Contact details of key personnel in charge of the mobile lottery/gaming scheme.

– A 6-month bank statement showing financial capability to conduct the scheme.

What are the conditions of approval regarding mobile lottery/gaming scheme licenses?

– All applicants must connect to the NLRC transaction reporting and monitoring platform within 14 days of commencing the promotion.

– A permit fee of 5 Million per annum.

– Payment of 5% gross monthly proceeds on earnings by the applicant.

– Submission of monthly reconciliation reports on transactions in the approved format.